City reviews liquor sales ordinances

Nevada's city code does not allow someone to operate a bar on the Nevada Square or within one block of the Square unless they have a state license to sell liquor-by-the-drink in a restaurant. Other than the prohibition on a bar, there are no other ordinances specifically directed at liquor sales in the downtown area.

"I can't find a prohibition for the sale of liquor on the city Square," Bill McCaffree, city attorney, told the council Tuesday night after he had time to search through the city codes.

McCaffree told the council that there are two ordinances that apply to the entire town. One limits the number of package liquor stores to one for each 1,250 residents. The second prohibits the sale of alcohol within 300 feet of a church, school, park, hospital and other specified locations.

The number of liquor licenses can be changed and there does not appear to be a church, school or hospital within 300 feet of the Square anymore, he told the council.

A gourmet food store that sells wine would be OK if it could get a package liquor license, McCaffree told the council.

Councilmember Russ Kemm had requested that the council review the city's liquor license regulations and look at making changes so a business of this type could locate on, or close to the Nevada Square.

"In Carthage, for example, there is a store that sells specialty food items and also wine in the bottle. There is no liquor by the drink. Under our rules they could not operate that kind of establishment," Kemm said.

He told the council that this business is located just off the Carthage Square.

McCaffree told the council that the only problem that might occur would be if a store like this were to hold a wine tasting event. If they were to charge they would get into selling liquor by the drink regulations. If there is no charge, there should be no problem.

To be certain the city codes would permit a business of this type, the council voted 3-2 to have McCaffree prepare a draft ordinance for them to consider at the Nov. 20 meeting.

Councilmen Kemm, Tim Wells and Bill Edmonds voted yes and Bill Gillette and Mike Hutchens voted no.

In other business the council:

* Voted to postpone action on an ordinance regarding political activity by city employees until it has been reviewed by the city attorney. The city council failed to approve a similar ordinance in 2006.

* Accepted the bid of $13,950 from Fugate Motors, El Dorado Springs, for a 2000 Ford F-350 with a 7.3 liter diesel engine and dual rear wheels, as well as a crew cab and an appropriate trailer hitch. The truck, which is being paid for with part of a $34,315 Homeland Security grant the city received to purchase equipment for the Nevada Homeland Security Response Team, will be used to tow the Response Team's hazardous materials trailer.

* Approved the reappointment of Jeff Tweten to a third term on the planning commission. His term will expire in October 2011.

* Approved the appointment of Andy Remington to the planning commission to fill the unexpired term of Amy Henry. His term will end in October 2011.

* Approved the appointment of Lois Crow to the Nevada Housing Authority to fill the unexpired term of Mike Hutchens. Her term will expire in October 2011.

* Approved the appointment of Shirley Ann Bastow to the park board.

* Passed on first and second readings an emergency ordinance approving a $2,932.82 settlement from Verizon Wireless for back taxes. The ordinance had to be considered under the emergency provisions in the city charter so the city can return their claim before the Nov. 19 deadline.

* Passed on first reading a special ordinance establishing protest procedures concerning the solicitations or contract awards for construction of the city's wastewater treatment facilities.

* Passed on first reading a special ordinance approving a supplemental agreement between the Missouri Highway and Transportation Commission and the Missouri Northern Arkansas Railway Company and the city of Nevada for improvements at highway and rail crossings. Improvements will be made at the railroad crossings on South Spring, South Ash, South Main, East Maple and East Sycamore streets.

Improvements will include the posting of an emergency telephone number at each crossing, the installation of pavement markings, stop lines, guardrails and advance warning signs, as well as, the removal of vegetation to improve visibility at each crossing.

* Passed on first reading a general ordinance setting the city requirements for video service facilities located in Nevada. The ordinance sets a franchise fee of 5 percent of the gross revenues from video services and requires any video service providers to comply with the minimum customer service requirements set out in state law. The ordinance also requires each video service provider to designate channels for public, educational and governmental programming at no cost to the city, unless authorized by the city council.

* Passed on first reading a special ordinance releasing and concluding Neighborhood Improvement District on Lot 11 of Ashland Estates by Stutesman Realty.

* Passed on second reading a special ordinance approving the connection of tracts 4 and 5 on 1400 Road to the city's sanitary sewer system. The connections are part of a construction easement agreement for work on the north interceptor sewer line,

* Passed on second reading a special ordinance declaring property at 1026 E. Locust St. as surplus property and authorizing its sale by quit claim deed and without a warranty by sealed bid.

* Passed on second reading a special ordinance declaring property at 715 E. Ashland as surplus property and authorizing its sale by quit claim deed and without a warranty by sealed bid.